外貿(mào)口語一點(diǎn)通第122期:爭議仲裁之訴諸仲裁
Resort to arbitration 訴諸仲裁
A: Last May we bought 500 tons of red beans fromyou, but there was a shortage of 30 tons. Accordingto what you requested, we supplied all thedocuments necessary, but the problem has not beensettled yet. It's still pending.
去年五月，我方從您處購買500噸紅小豆，竟然短重30噸。按照貴方要求，我們提供了所有必要的單據(jù)，但是問題至今也沒有解決。
B: You said you had two problems to clarify withus. What's next?
您說有兩個(gè)問題要澄清，下一個(gè)問題是什么?
A: We also concluded a transaction of mung beans as the second lot. The goods should havereached us last June. The shipping date has been delayed several times. As far as I know, thisshipement has not been effected. Now the marked price for mung beans has fallen sharply andour buyer has changed his mind. He doesn't want the consignment.
我們還成交了一筆綠小豆，作為第2批貨。貨應(yīng)與去年6月份運(yùn)抵我處。船期一拖再拖。據(jù)我所知，至今尚未發(fā)貨。綠小豆市場價(jià)格急劇下跌，我們的買主改變了主意，他不想要這批貨了。
B: Well, Mr. King. First, I'd like to point out that the shortage you allege is not a real shortage.The loss you sustained could only be the loss resulting from empty space. I think you stillremember that more or less allowance stipulated in the contrast could be as much as 5%. Soin fact we're only 5 tons short. As for the second delay, I'd like you to recall what you havedone about the L/C establishment. We urged you several times to open the L/C, but yousimply ignored us. We had no other choice but to set the beans at a much lower price. We'llhave to ask you to pay for our damages.
好，金先生。首先，我得指出，您所謂的短重不是真正意義的短重。你們所受的損失只是由于空倉所致。我想您還記得合同規(guī)定的溢短裝數(shù)量吧，可以高達(dá)5%。所以我們實(shí)際上只短裝了5噸。關(guān)于延期發(fā)運(yùn)第二批貨的問題，我希望您能自己會想一下貴方是如何對待開信用證的。我方曾多次催促貴方開證，可貴方置若罔聞。我方?jīng)]有別的選擇，只好降貨低價(jià)售出。我們得要求貴方賠償損失。
A: But we've had the L/C opened at last.
我們最終還是開證了。
B: Indeed you have, but the L/C you opened has gone far beyond the accepted time. It is nowinvalid. To effect the delivery is out of the question. You're breached the contract and allsubsequent actions will be invalid.
的確是開了，但問題是貴方早已過了規(guī)定的開證日期，已經(jīng)失效了。發(fā)貨是不可能的了。你們首先違約，以后所有的行為均為無效。
A: Our dishonoring this contract and your shortage in quantity cancel each other. Don't they?
我們違約，貴方短缺貨物，這兩件事相互抵消怎么樣?
B: It's ridiculous to mix up these two cases. If you are not sincere in handling these problems,we'll have to submit them for arbitration.
把這兩件事混為一談，太荒謬了。如果您沒有誠意解決問題，我們只好去沖裁。
A: If you insist, I've no other way out.
如果你們堅(jiān)持這么做，恐怕我也沒有辦法了。
A: Last May we bought 500 tons of red beans fromyou, but there was a shortage of 30 tons. Accordingto what you requested, we supplied all thedocuments necessary, but the problem has not beensettled yet. It's still pending.
去年五月，我方從您處購買500噸紅小豆，竟然短重30噸。按照貴方要求，我們提供了所有必要的單據(jù)，但是問題至今也沒有解決。
B: You said you had two problems to clarify withus. What's next?
您說有兩個(gè)問題要澄清，下一個(gè)問題是什么?
A: We also concluded a transaction of mung beans as the second lot. The goods should havereached us last June. The shipping date has been delayed several times. As far as I know, thisshipement has not been effected. Now the marked price for mung beans has fallen sharply andour buyer has changed his mind. He doesn't want the consignment.
我們還成交了一筆綠小豆，作為第2批貨。貨應(yīng)與去年6月份運(yùn)抵我處。船期一拖再拖。據(jù)我所知，至今尚未發(fā)貨。綠小豆市場價(jià)格急劇下跌，我們的買主改變了主意，他不想要這批貨了。
B: Well, Mr. King. First, I'd like to point out that the shortage you allege is not a real shortage.The loss you sustained could only be the loss resulting from empty space. I think you stillremember that more or less allowance stipulated in the contrast could be as much as 5%. Soin fact we're only 5 tons short. As for the second delay, I'd like you to recall what you havedone about the L/C establishment. We urged you several times to open the L/C, but yousimply ignored us. We had no other choice but to set the beans at a much lower price. We'llhave to ask you to pay for our damages.
好，金先生。首先，我得指出，您所謂的短重不是真正意義的短重。你們所受的損失只是由于空倉所致。我想您還記得合同規(guī)定的溢短裝數(shù)量吧，可以高達(dá)5%。所以我們實(shí)際上只短裝了5噸。關(guān)于延期發(fā)運(yùn)第二批貨的問題，我希望您能自己會想一下貴方是如何對待開信用證的。我方曾多次催促貴方開證，可貴方置若罔聞。我方?jīng)]有別的選擇，只好降貨低價(jià)售出。我們得要求貴方賠償損失。
A: But we've had the L/C opened at last.
我們最終還是開證了。
B: Indeed you have, but the L/C you opened has gone far beyond the accepted time. It is nowinvalid. To effect the delivery is out of the question. You're breached the contract and allsubsequent actions will be invalid.
的確是開了，但問題是貴方早已過了規(guī)定的開證日期，已經(jīng)失效了。發(fā)貨是不可能的了。你們首先違約，以后所有的行為均為無效。
A: Our dishonoring this contract and your shortage in quantity cancel each other. Don't they?
我們違約，貴方短缺貨物，這兩件事相互抵消怎么樣?
B: It's ridiculous to mix up these two cases. If you are not sincere in handling these problems,we'll have to submit them for arbitration.
把這兩件事混為一談，太荒謬了。如果您沒有誠意解決問題，我們只好去沖裁。
A: If you insist, I've no other way out.
如果你們堅(jiān)持這么做，恐怕我也沒有辦法了。
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